Legal is referring to me as the stuck moderator who may not like your making fun of a Representative on this forum.

Legal wants the rest of us to pay for his freedom of expression - and no value add - on this public forum.

Enough said from me on this issue.

Stucklabor,

Your time and effort is much appreciated.

Thanks for removing trash talk from this forum.

Om Shanti, Shanti, Shantih

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LOL123

07-30 01:29 PM

Please advise..............

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dilbert_cal

03-31 11:00 PM

Any word on this issue? Is somebody from core going to create a forum where they can post delayed updates?

Without access to donor forum , you have no clue *if* there has been any updates posted. You are assuming that there has been *some* updates posted and there possibly could be or there possibly is none. Whatever be the case, if there something for which ground level volunteers will be required, it will definitely get posted on open forums. If it is a strategic thinking/planning, I doubt still if it will be posted on the donor forum as such things need to be kept to a close group of people until you are ready for implementation. Disclosing this earlier will not work in favor of such strategic planning.

And of course, if there is a new bill passed or others, it will be everywhere in media - you may just know it when it gets passed rather than a couple of hours/days/weeks early.

If you believe in the cause of IV and I'm assuming that you do since you are here - I'd say go ahead and support it in all possible ways and dont worry too much about donor forums. Give or take 3 months plus a month , it will lose its charm.

greatguy, you sound like a great guy. But honestly the idea isn't too great...especially nowadays with such much immigration scrutiny, tightening of regulations, deportations, etc. A five year old labor sub, that too unapproved, isn't going to be approved easily...maybe you should file a PERM based petition and get that approved in a month or two and that way atleast you secure a 2006 PD. If some relief comes in, you're wait shouldn't be too long...

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swethanjit

07-24 11:18 PM

Thank you for the clarification!

Also, is it possible to cancel / withdraw my H1-B with company X, so that I can continue to work with my OPT with company Y. (Checking this option as I am not sure if company Y will be willing to sponsor for my H1-B).

I hope someone here can shed some light on my situation. I have two midemeanors on my record and must go for my interview end of next month. The first misdemeanor was last year when I backed up and hit another car's headlight out. Because I did not have my license yet, I left the scene... hit and run. The second was a DUI earlier this year. I ended up with a 5 year probation on the DUI.

I also received two traffic tickets, driving without a license, in the past two years. I'm almost done paying the fines.

I received my temporary work permit last month and received my interview notice yesterday. Will these two misdemeanors/tickets play a role in my interview.

Stupidity has no boundaries! :mad:

Any advice or comments will be appreciated! Thanks.

I cannot resist to say that how glad America is to have an idiot like u as a permanent resident whereas people with clean records are left in the lurch...

Way to go USA... :mad:

as you said Stupidity has no boundaries! :mad:

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Prashant

05-22 11:26 PM

Cant remember precisely .. as soon as ones information is entered .. there's a link to add another passport..

Im hearing that most of Indian filers filed for EB2 which has lead to EB2 demand outstripping EB3.

So of the two tortoises EB3 might move faster than EB2.

Any comments ?

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GCBy3000

06-18 02:17 PM

To invoke, AC21 you should have filed 485 and passed 180 days.

In your situation, I would go with the new employer if he is ready to file the labor today(ASAP). If he has the ad already running for a month, then you should be able to get the LC approved within a week.

Then file 140 in premium and wait with all 485 docs ready. if you dont get 140 approved before July end and if the bulletin retrogress, then go ahead and file 485. If the bulletin does not retrogress, then wait till 140 gets approved and file 485. PORT THE PD.

If you dont want to wait, the file 140 and 485 togather. But 140 in regular is unpredictable. If you file in premium then you can get H1 for 3 years later and also you wil get EAD faster.

CONTRIBUTE TO IV.

Hi Gurus,

Please comment on my situation.

My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.

I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.

If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.

1. Can I join the new employer on H1, after 2 months. Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?

2. Should I join the new employer on EAD, which will be approved for 1 year by then? Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?

3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.

4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.

I am holding MCA with 10+ years experience. My degree got evaluated to be equivalent to MS in US.

Just to let you know switching from EB3 to EB2 is not as simple as one would think. I assume you are aware of it.

To switch you need to start from Labor and be careful with the job requirements. And then your educational qualification and work experience.

Here are the EB2 minimum requirement.

JOB should require minimum of Bachelors degree with 5 years experience or Masters with or without experience.

Good luck.:)

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kris04

08-18 06:17 PM

:confused:Hi all,

I have a situation, I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.

My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me. This is required to prove that there is no fraud happened while filing my case.

As you all know, in this current situation, I can not go back and ask employer �A� about that letter.

Any suggestions etc please provide.

Just to remember REQUEST A SET OF COPIES WHEN EVER ATTORNEY FILING / FOLLOW UP ANY RFE etc FOR YOU. IRRESPECTIVE WHETHER YOU PAY OR COMPLANY PAYS GC FEES

Thanks,

Are you trying to port your job and join the potential new employer using EAD or transfer H1B visa?, I am surprised an immigration attorney is asking for such letter, labor substitution is/was always done in good faith in most cases, but there is no way to prove a fraud is involved unless the labor was filed using a non-existent person( if you remember the convicted guy Nick Mandelapa which ultimately lead to closing the abuse of labor substitution).Even if your previous employer is ethical and acted in good faith while doing labor substitution, giving such undertaking is far reaching and not required, for one reason labor certification legally belongs to your employer and not to the underlying employee, so getting such letter is a merely a chance. I guess in your case you've disclosed too many information about you past legal route causing concern for the new employer to hire you. Try to talk to HR and see that you're responsible for maintaining the employment authorization, but if you're taking H1B transfer just confine to H1B transfer, hire your own separate attorney to manage your I 485, as it belongs to you.

Good Luck

HTH

kris

My Profile ---------- GC approved in Aug 2008 without RFE, used AC 21 once, worked for my sponsor for 4 year, including 3 years after filing I 485, notified USCIS promptly when I ported my Job(confident that my new job profile and previous one are the same)

Usually consulting companies put generic designations like software engineer or a programmer analayst in their LC. I think that is what you should look for the classification. This is a gray area. There is a title called consultant. I have labor and I-140 approved on this title.

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arnet

02-26 04:10 PM

H4 visa holder can pursue their studies in US but they cannot work while studying.

he/she should stay in H4 visa if you filed (or want to file) I-485 based on your dependent's I-485 application because F1 visa holders are not eligible for I-485 dependent benefits and changing from H4 to F1 will cancel the I-485 application if he/she already filed based on dependent application.

so better to stay in H4 if you filed or want to file I-485 based on your dependent's application until you get GC.

My wife is completing 6 years on H1 visa in Sept 07. She is planning to join school which will isssue her I-20. The school starts in Aug07 and she need to go to India for 2 weeks in Nov 07.

Can she get H4 stamped from canada on my H1B, so that she do not face F1 rejection in india?

i talked to my lawyer and he says you need to withdraw the old 485 and apply for new 485 using marriage. he also said that once i withdraw my 485 based on employment my EAD will be revoked too and till i dont get my EAD through marriage i can work. All this didnt make any sense to me. I think he doesnt know what is he talking.

I believe more in IV gurus....

Oh fiancee and finance so damn confusing...I wish i could get some finance...lol

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alforever

04-04 02:11 PM

Hello Everyone, I have one specific issue. My Priority date is May 2007, and i am under 3rd category h1b 3-years extension at the moment in the USA. I140 has been approved and i am waiting for priority date to be current so i can apply for i485. but its taking too long because of the backlog. What are my overseas travelling options during this LOOONG waiting period. Can me and my wife (holding h4) travel overseas while waiting for the priority date to be current? like i said we have an approved i140 and h1b 3-years approval notice, but have not yet applied for i485 as we are waiting for priority date to be current. please help? anyone is the same situation?

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voicerj

02-22 10:46 AM

Try Quillpad. its good you can type in english and translates in hindi then you can copy and paste it in the form.

srini1976

03-22 08:56 PM

This is from murthy.com

TRAGIC ACCIDENT - We regret to inform you that four students from Andhra Pradesh, India died and one is critically injured in a fatal car accident which took place in Missouri. Our condolences go out to the families of those who did not survive.

TANA, along with the local Telugu Association of St. Louis, is raising funds to care of things related to this accident and to help the families back home. Please visit and donate online at www.tana.org/donate. Select donation choice - Team Square.

james_bond_007

04-06 07:37 PM

I went to the infopass to inquire about the "additional review" letter I got from TSC. Officer did some search and told me the following " this case is in transit to an officer TODAY, just 30 minutes before. you dont have to worry about this notice". He also said that call us back in 45 days .. I did fax all the details to the Senator but am not sure whether this resulted from the inquiry.